1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. Sexual assault against the defendant for 80 hours.

1. The court below’s scope of trial was convicted of the defendant as to the part of the case against the defendant, and dismissed the prosecutor’s request regarding the part of the case of the protective observation order claim. Since only the defendant appealed, there is no benefit of appeal as to the part of the case of the protect

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the request for protection observation order is excluded from the scope of the trial of this court. Therefore, the scope of the trial of this court is limited to the part of the case of the defendant among the judgment below.

2. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

3. The instant crime committed was committed by the Defendant on the ground that he was under the influence of alcohol, committed an indecent act by force against the victim on the site where he was living in the middle of alcohol, putting his fingers into the victim’s negative part, and taking the victim’s negative part on his mobile phone camera, and such crime is serious in light of the content and method of the crime.

A female victim seems to have suffered a considerable mental shock due to the defendant's crime.

In this respect, the sentence of the defendant is inevitable.

On the other hand, the Defendant committed the instant crime, took part in his mistake, and repented in depth.

The Defendant appears to have committed the instant crime under the influence of alcohol due to omission in promotion, etc., and endeavored to receive a letter of suspicion from the injured party, but the Defendant could not know the personal information and contact details of the victimized party, and eventually failed to recover from death or damage.

Defendant has no record of having been punished for sex crimes, and there is no record of having been sentenced to a fine for negligence due to a relatively old drinking driving, etc.

The defendant has been faced until now.